The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

Mental Capacity Act 2005

This section has no associated Explanatory Memorandum

32.—(1) Section 45 is amended in accordance with this paragraph.

(2) In subsection (4) after “Lord Chancellor” insert “, after consulting the Lord Chief Justice”.

(3) In subsection (5) after “may” insert “, after consulting the Lord Chief Justice,”.

(4) After subsection (5) insert—

(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)the President of the Court of Protection;

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005)..